[2019]DLCA8751 • April 3, 2019 • Court of Appeal
THE REPUBLIC vs. ERNEST THOMPSON , JOHN HAGAN MENSAH, JULIET HASSANA KRAMER, CALEB KWAKU AFAGLO AND PETER HAYIBOR
The appellants, including Ernest Thompson (former Director-General of SSNIT), were charged with multiple counts of conspiracy, wilfully causing financial loss to the State, defrauding by false pretence, contravention of the Public Procurement Act, possession and uttering of forged documents. The charges relate to alleged irregular payments and contract awards involving the Operational Business Suite (OBS) project at SSNIT, including payments to a non-existent company and unauthorized contract variations, resulting in significant financial loss to the State. The accused pleaded not guilty and sought further particulars of the charges to prepare their defense, which was refused by the trial court, prompting this appeal.
read moreOFOE, JA: The appellant and four others are before the High Court on 29 counts of various offences. He contends that some of the charges failed to provide detailed particulars of the offences that he will need for his defence and when he sought the intervention of the High Court to remedy the omission the High Court refused. He is aggrieved by the refusal and has appealed to this court to redress the alleged wrong committed by the trial High Court. He insists that he needed these particulars to enable him adequately defend the charges. What are the offences for which he stands charged before the High Court? For a clearer appreciation of the opinion we are about to deliver, we will quote them in extenso. COUNT ONE Statement of Offence Conspiracy to commit crime namely, Wilfully Causing Financial Loss to the State contrary to sections 23(1) and 179A (3) (a) of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Ernest Thompson 2) John Hagan Mensah 3) Juli...